School Board City Marshall v. State Texas

This is a direct attack by quo warrantor on an ordinace extending the corporate limits of the City of Marshall for school purposes only to embrace the territory of the Woodlawn Common School District No. 13. The ordinance is challenged on the ground that the petition requesting such extension was not signed by a majority of the resident qualified voters of the affected area as required by Article 2803, Vernons Ann. Tex. Civ. Stat. In response to the single special issue submitted, the jury found that the petition was signed by a majority of the voters residing in District 13, and judgment was entered on the verdict upholding the ordinance and decreeing that respondents take nothing. The Court of Civil Appeals sustained eight of respondents nine points of error, including one asserting that the finding of the jury is contrary to the overwhelming weight and preponderance of the evidence, and remanded the cause for a new trial. 337 S.W.2d 731.